It was Just a few weeks ago I mentioned Marie who I had an opportunity to speak too about her concerns before she was recalled to HMP Preston, Lancashire.
Prior to Marie being recalled she wrote to me stating that she had written to probation regarding the unfairness of her probation officer and the recall policy thereafter she was recalled. But her nightmare was just begging when it was the refusal of the Ministry of Justice to recognise she is a woman.
Postdate Marie stated in her letter: I don’t want to be alive any more and at one point she had stopped eating and drinking , Marie has been diagnosed with gender dysphoria and serving an indeterminate (IPP) Marie describes feeling dehumanised. This follows the suicides of at least three trans women in all-male prisons during the past year.
IPP prisoners can be recalled to prison for no other
reason than there perceived risk and not an committing an offence. Its all down to the perception of her probation officer. IPP prisoners are to often recalled for misunderstanding or misinterpreting the rules and others struggle due to having hidden disability. Often Recall is based on incorrect information,
not even a judge can order her release. Only the parole board can order
it and they only go on the information supplied by her probation officer? If you have a complaint about your probation officer its unlikly
IPP Sentences that keeps on punishing with no end date
Why is Marie and other transgender still been discriminated against despite the policy that should recognise and respect inmates with fluid and non-binary genders.
It used to be the case that transgender prisoners who didn’t identify as men or women were treated according to the gender on their birth certificate, unless they wanted to live “permanently” in the gender “opposite to the one assigned at birth”. But on November 9, the government published a revised policy under which prisons must now recognise and respect inmates with fluid and non-binary genders.
The change is particularly progressive, given that, currently, UK law only recognises male and female genders.
Alongside its revised policy, the Ministry of Justice also released its first statistics on transgender prisoners. Of the 70 transgender prisoners recorded between March and April 2016, 52 stated their gender as male and 14 as female on reception into custody. However, it’s not clear from the statistics whether this is the gender they were assigned at birth.
The total of 70 represents 0.8 transgender prisoners per 1,000 in custody. But the true number of trans prisoners is likely to be far higher. The government’s statistics exclude prisoners who had a gender recognition certificate prior to imprisonment – this provides legal recognition of someody’s “affirmed” gender, meaning that the transgender person should be treated as anybody else with that gender. Nor does it include inmates who had not had a transgender case conference while in prison, or those whose gender was unknown to staff.
The change is particularly progressive, given that, currently, UK law only recognises male and female genders.
Alongside its revised policy, the Ministry of Justice also released its first statistics on transgender prisoners. Of the 70 transgender prisoners recorded between March and April 2016, 52 stated their gender as male and 14 as female on reception into custody. However, it’s not clear from the statistics whether this is the gender they were assigned at birth.
The total of 70 represents 0.8 transgender prisoners per 1,000 in custody. But the true number of trans prisoners is likely to be far higher. The government’s statistics exclude prisoners who had a gender recognition certificate prior to imprisonment – this provides legal recognition of someody’s “affirmed” gender, meaning that the transgender person should be treated as anybody else with that gender. Nor does it include inmates who had not had a transgender case conference while in prison, or those whose gender was unknown to staff.
Increased awareness
In recent years, transgender prisoners have received increased
attention. Wikileaks informant Chelsea Manning continues to focus
international attention on trans prisoners’ experiences – and it
recently emerged that she attempted suicide for the second time during her imprisonment. In 2015 in the UK, a petition secured the transfer of transgender woman Tara Hudson from a men’s to a women’s prison, while transgender prisoners Vikki Thompson and Joanne Latham took their own lives. Trans prisoners have also been represented on the small screen through hit series Orange is the New Black.
This growing interest in transgender prisoners is both important and
long overdue. But there has been an almost exclusive focus upon
transgender women. As the preliminary statistics above highlight, the
experience of transgender men and inmates who identify outside the
gender binary must not be overlooked.
Despite our legislative nonexistence, a growing number of us identify outside the gender binary,
rendering both equality laws and sex-segregated institutions like our
prison system increasingly behind the times. Through my ongoing research
into lesbian, gay, bisexual and transgender people in prison, I have
encountered inmates who challenge the idea that it’s simple and
straightforward to separate inmates into men’s and women’s facilities.
Nathan, one of those prisoners I interviewed whose name has been
changed here, is housed in a men’s prison, but is bi-gendered and since
childhood has felt male on some days and female on others. But due to
not identifying as a woman full time, Nathan has been denied access to
women’s clothes. Nathan tried to buy gender-neutral clothing but
explained this was difficult because of “limited access to clothing
retail catalogues”.
Jordan, a transgender man whose name has also been changed, felt
unable to tell staff about his gender – and so was viewed and treated as
a woman, the gender on his birth certificate. He worried that if he
disclosed his status as a transgender man he’d be moved to a men’s
prison, where he “wouldn’t survive” and would become “bitch of the
wing”. Fortunately, Jordan could freely express his masculinity in
prison without revealing his gender identity. Jordan – who had shaved
hair and wore men’s clothes, boxers and a tight vest to flatten his
breasts – blended in with the butch women in prison.
It would be impossible for a transgender woman in a men’s prison to
sport feminine clothes and hair while concealing her gender identity.
That said, being able to express his gender didn’t negate the
difficulties Jordan felt in hiding his identity. “I’m holding back on
who I really am,” he told me. “I’m prisoning myself.”
Staff training is vital
There are various reasons why gender minority prisoners feel unable
to disclose their gender. Another trans man I spoke to feared ridicule
from other prisoners, and a lack of understanding from staff.
Prison staff, reflective of wider society, are often uninformed on
transgender issues, and so I welcome the government’s assurances that
relevant training will now be provided to them. Yet, staff are rarely
up-to-date with training, and I worry prisons will struggle to educate
staff to an appropriate degree, or within a reasonable time scale.
Inmates like Nathan and Jordan raise larger questions about the
future of prisons. It is becoming increasingly clear that the
sex-segregated nature of our prison system is incongruous with the
gendered realities of a significant minority of people. We are
witnessing a shift in wider society towards non-gender specific services
and facilities. Perhaps the future of our prison system is also
gender-neutral.
7 Mar 2018 — So
glad to be able to tell you that finally Preston Prison has allowed
Marie to have a significant amount of her clothes and she has been given
a female canteen sheet. It is a small step forward but significant.
There is still a long way to go. The prison cancelled her Gender Clinic
appointment and because of that Marie now has to wait over a year and a
half for just a chance at getting to the next appointment. She has
already waited over six years and the fact that she is now facing such
an unacceptable delay is heart breaking for her.
Marie is fighting on and wants to make a difference, not just for herself but for all transgender people who end up at the mercy of the Ministry of Justice. By Jez 0wen
Petition
Marie is fighting on and wants to make a difference, not just for herself but for all transgender people who end up at the mercy of the Ministry of Justice. By Jez 0wen
Petition
https://www.change.org/p/preston-magistrates-court-stop-the-inhumane-and-degrading-treatment-of-transgender-women-within-the-justice-system/u/22475235?recruiter=10282401&utm_source=share_update&utm_medium=facebook&utm_campaign=facebook_link
Punished twice being trans in the prison system.
A panel discussion with political experts and trans activists on the struggles of trans people, particularly trans women, in the penal system. This event will look at global, national, and local issues surrounding these injustices, and the specific problems facing trans prisoners. There will be discussion of what can be done to combat these problems, and opportunity for audience contribution and questions. Date and Time Tue 13 March 201818:00 – 19:30 GMT Location Coutts Lecture Theatre Wills Memorial Building BS8 1RJ. https://www.eventbrite.co.uk/e/punished-twice-being-trans-in-the-prison-system-tickets-43745383620# . Hosted by UoB Howard League for Penal Reform, UoB LGBT+ Society, and Bristol SU LGBT+ and Trans Networks.
Inspectors found levels of violence of all kinds were far too high overcrowded prisons unsafe-inspectors warn.
One of the country’s most seriously overcrowded jails is unsafe, a report has warned.
Inspectors found levels of violence of all kinds were far too high at HMP Leeds, where 91% of cells were holding more inmates than they were designed for. There were four self-inflicted deaths at the prison since it was last inspected in 2015, while another occurred during the latest visit in October and November.
HM Inspectorate of Prisons also found that in a survey, 63% of prisoners said it was easy to get illicit drugs in the establishment. Publishing the report, Chief Inspector of Prisons Peter Clarke said: “The prison was last inspected in December 2015.Inspectors condemned conditions at HMP Leeds Perhaps this should come as no surprise given that the prison is one of the most seriously overcrowded in the country.
“This inspection found a further decline in the area of purposeful activity, and no improvement in the other three tests.
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katherine Gleeson
I am just one pea in the box but thousands of Prisoners and there families along with charity's alike have worked tirelessly to bring the IPP injustice into the worldwide light and not just the IPP sentence exposing the massive failings across the board. The Ministry of justice I prefer to call the Ministry of "No justice The Ministry of no justice has not functioned to give justice in decades. Blaming prisoner for being unruly when it is the Ministers who are failing and putting prisoners in danger as a direct result of under funding, poorly staffed and overcrowded, this has a huge impact on the inmates behaviour moreover when your locked in rat infested cell for 24 hours a day despite protests and 4 Ministers lather . The blinkers are off and the inspectors are finally presenting the hidden truths.
What can we do?
Be there for your family member a friend or advocate , be visible, wear printed T shirts, printed or painted banners, bring loudspeakers, flyers or Q cards......
Be there for your family member a friend or advocate , be visible, wear printed T shirts, printed or painted banners, bring loudspeakers, flyers or Q cards......
Why we are protesting?
The situation is unsatisfactory for our IPP prisoners, and for other non-IPP prisoners likewise trapped by perceived risk because they have a disorder or intellectual disability or mental health issues.
We face injustice: Our voices will be heard in the UK for IPP prisoners and determinate sentence prisoners. We will be united, chanting. We are protesting as one family; we are protesting for those who cannot do so themselves. We protest and will keep protesting because we believe in liberty, and justice for all. We will no longer be quiet. We have been tolerant for too long.
We are tired and angry at the governmental lack of response and of Justice Ministers who constantly deflect and side-step the issues. We are irritated at the government’s preoccupation with words and lack of swift action resulting in continued suicides and deaths of our loved ones.
The situation is unsatisfactory for our IPP prisoners, and for other non-IPP prisoners likewise trapped by perceived risk because they have a disorder or intellectual disability or mental health issues.
We face injustice: Our voices will be heard in the UK for IPP prisoners and determinate sentence prisoners. We will be united, chanting. We are protesting as one family; we are protesting for those who cannot do so themselves. We protest and will keep protesting because we believe in liberty, and justice for all. We will no longer be quiet. We have been tolerant for too long.
We are tired and angry at the governmental lack of response and of Justice Ministers who constantly deflect and side-step the issues. We are irritated at the government’s preoccupation with words and lack of swift action resulting in continued suicides and deaths of our loved ones.
Why are IPP prisoners’ families marching with all prisoners?
We have all been affected by failures in the justice system in one way or another, and by the lack of response from prisons to resolve issues within the prison system or individual prisons.
We have all been affected by failures in the justice system in one way or another, and by the lack of response from prisons to resolve issues within the prison system or individual prisons.
We need fairness, we need a voice and we are going to be heard. We are stronger together. How many more need to die before we wake up and realise? We are no longer going to feel intimidated or victimised, we need to see a future.
Ministers are responsible for the function and resources of the prisons but have only left them unresourced and not fit for purpose. All prisoners have been affected in one way or the other.
There is a lot of preoccupation with risk, but we need more support for prisoners in community settings. We need to stop the recall for non-offences. We need more prison officers and more facilities available in the community.
We are now in 2018.
IPP prisoners who have been given a date for release are sometimes still in prison a year later due to a lack of hostels.
The vulnerable are particularly at risk: these are people in need of special care, support, or protection because of age, disability/mental health, or risk of abuse or neglect/over tariff:
The vulnerable are particularly at risk: these are people in need of special care, support, or protection because of age, disability/mental health, or risk of abuse or neglect/over tariff:
• Keep up the fight. You are the voice for every serving IPP prisoner. They are counting on you to fight their fight.
Unit
*IPP prisoners, family, friends and supporters.
*Champion campaigners for all prisoners’ rights
*Activists for human rights of all prisoners
*Societies for the rights of equality for those with disabilities / mental health or diversity needs
Join Us -Parliament -IPP Prisoners, and an all Prisoners United Protest / March.
Date: Wednesday 23 May 2018
Media coverage : Yes
Date: Wednesday 23 May 2018
Media coverage : Yes
Demonstrating outside Parliament Time:11:30 2pm then
From 2pm we March a short distance to the Ministry of Justice, Ending at 3-30pm.
From 2pm we March a short distance to the Ministry of Justice, Ending at 3-30pm.
Unit
*IPP prisoners, family, friends and supporters.
*Champion campaigners for all prisoners’ rights
*Activists for human rights of all prisoners
*Societies for the rights of equality for those with disabilities / mental health or diversity needs
Together we are an army PROTEST IN LONDON : https://you.38degrees.org.uk/…/ipp-prisonrs-demonstration-m…
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Has Civil law ever been applied to IPP prisoners against breach of duty and negligent recommendations of Probation Officers at Parole Hearing - feedback welcome from Solicitors and others
No doubt every individual family or friend of an IPP prisoner feels the sheer anguish and frustration of the entrapment of IPP prisoners of which I am such a person which I will directly attribute to the Probation Officer and her recommendation at my friend's Parole Hearing who was under a recall which resulted in another 19 months imprisonment because of her recommendation of a Therapeutic Community (TC) at the Parole Hearing when all the evidence in his case and recommendations by the Offender Management Officer, Psychologist supported his release. It was obvious from the start that he did not have the criteria for TC when I looked up information on the internet which has now resulted in 10 months of his life having been wasted with the delays in getting to the TC Unit only to be told he did not warrant it and still another 9 months until his next parole hearing window because of it. An official complaint went in to HMPPS against the Probation Officer's false and negligent recommendation for this at his Parole Hearing.
This was substantiated because of the following facts that the Probation Officer had barely seen my friend in the last 17 months that he had been in prison, had not completed or engaged with him in any sentence plan, only submitted her untimely report and recommendations 2 days before the parole hearing despite 10 days earlier saying she was going to support his release, abused the use of a psychologist in her parole hearing report referring to a psychologist who had never even met Steven whilst he had been in prison, failed to draw upon all of his positive conduct whilst he had been in prison and it was a negligent recommendation because she had not researched the criteria for TC and she then coerced him to "voluntary" apply after the Parole Hearing (as it is meant to be a voluntary course) by not giving him the information as to what exactly he was applying for telling him to "sell himself" and if he doesn't he won't get another parole hearing for 2 years and so on. No doubt all of this will sound familiar to a lot of you whose Probation Officers can give false recommendations at Parole Hearings for such reasons. It never went to Judicial review due to the hesitant barrister because no doubt it would have been a costly risk. As yet we are waiting for the feedback from HMPPS regards the Official complaint but I don't hold much faith in the system at all.
-But now it has occurred to me that Civil Action could be taken against the Probation Officer for her negligence in her duties as mentioned above. Of course there are very few people who can afford this including I but then there are cases of No Win No Fee solicitors similar to personal or medical injury claims because of negligence and hence it is just as significant that negligent duties being completed by Probation Officers causes a very real and personal loss to an individual by remaining falsely imprisoned.
-I would be grateful if anybody has any feedback regards this course of action because somebody should be held to account for this appalling entrapment of prisoners which I still firmly believe comes down to the reports and recommendations by Probation Officers and indeed Psychologists who often have barely seen the prisoner or completed proper assessments of whom the Parole Board will base their decisions on that this is an option that people can go down in order to address this injustice of which I believe is a valid route because Probation Officers particularly are failing in their role and duties.
-I feel so strongly about this issue that it is a route that I would like to follow which could be plausible due to the fact that solicitors usually would only take a case on under No Win No Fee basis if they felt they had a chance. Otherwise due to the cuts in legal aid and stringent criteria for Judicial reviews it is very difficult to now get barristers on board to challenge individual IPP cases and hold people to account.
Any feedback from Solicitors or people who have been down this route would be very welcome.
Kind regards
Shivvy
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Comments
bello It’s terrible Our family has been personally affected also —will be In London on the 23rd of May to protest against these cruel illogical IPP sentences
Biamonti Agree with all the above Katherine... I’ll be there with a group of my family and friends. So many hidden victims with this sentence, it takes so much from not only the prisoners but their families too. It takes great resilience and strength to stand up to this injustice. And Katherine Gleeson you help to give strength to others.
Hill katherine your alight in the darkness for so many and the 10 years licence when and if they get out disgusting.
https://www.gov.uk/government/publications/care-and-management-of-transgender-offenders
https://www.sbs.com.au/topics/sexuality/agenda/article/2016/11/17/british-prisons-must-now-recognise-gender-fluid-and-non-binary-inmates
https://www.shropshirestar.com/news/uk-news/2018/03/22/overcrowded-prison-is-unsafe-inspectors-warn/#RWUex2GMKRf0WQre.99
https://www.shropshirestar.com/news/uk-news/2018/03/22/overcrowded-prison-is-unsafe-inspectors-warn/#RWUex2GMKRf0WQre.99
